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STATE v. AUSLEY

No. 8510SC880.

338 S.E.2d 547 (1986)

STATE of North Carolina v. Dwight AUSLEY.

Court of Appeals of North Carolina.

January 21, 1986.

Attorney(s) appearing for the Case

Atty. Gen. Lacy H. Thornburg by Associate Atty. Gen. Sylvia Thibaut, Raleigh, for State.

Boyce, Mitchell, Burns & Smith, P.A. by Lacy M. Presnell, III and Karen Britt Peeler, Raleigh, for defendant-appellee.

HEDRICK, Chief Judge.

Although neither the State nor the defendant address this issue in their briefs, we must decide whether the State may appeal the dismissal of the charges.

The State had no right to appeal at common law and statutes granting this right to the State must be strictly construed. State v. Murrell, 54 N.C. App. 342, 283 S.E.2d 173 (1981), disc. rev. denied, 304 N.C. 731

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